Circuit split · criminal procedure

Whether the one-year limitation period for a federal habeas petition or § 2255 motion based on a newly recognized right runs from the date the Supreme Court initially recognized the right or the date the right was made retroactively applicable to cases on collateral review

1 federal appellate case on this question, each acknowledging the disagreement in its own words.

Garcia v. United States278 F3D 1210
Eleventh Circuit Court of Appeals · January 9, 2002
“In light of the circuit split and the absence of controlling authority in this Circuit, prudent petitioners will treat the earlier date — the date on which the right is newly recognized by the Supreme Court — as the date on which the one-year limitation period begins to run.” — Acknowledges a circuit split
Empirical analysis of this case →

The other side of the split

Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.

On the other sideAshley266 F.3d 673
“Compare Ashley 266 F.3d at 673 (finding that the limitation period begins to run with the retroactivity determination by the court of appeals or the Supreme Court), United States v.” — Garcia v. United States, acknowledging the split
On the other side · 9th Cir.United States v. Valdez195 F.3d 544
On the other side · 3d Cir.United States v. Lloyd188 F.3d 184
On the other side · 4th Cir.In re Vial115 F.3d 1192
On the other side · 5th Cir.United States v. Lopez248 F.3d 427
“Lopez, 248 F.3d 427 , 433 (5th Cir.2001) (finding that the limitations period begins to run when the Supreme Court first recognizes the right), and Triestman v.” — Garcia v. United States, acknowledging the split
On the other side · 2d Cir.Triestman v. United States124 F.3d 361
“Lopez, 248 F.3d 427 , 433 (5th Cir.2001) (finding that the limitations period begins to run when the Supreme Court first recognizes the right), and Triestman v.” — Garcia v. United States, acknowledging the split

What the split turns on

Statutes:: § 2255 ·; § 2255(3)

Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.